Home Working, jobs and pensions Redundancies, dismissals and disciplinaries. Redundancy: your rights. Print entire guide. Related content Dismissal: your rights Being made redundant: finding work, claiming benefits and managing debts Joining a trade union Find a job Calculate your statutory redundancy pay Redundancy payments helplines. Brexit Check what you need to do.
Explore the topic Redundancies, dismissals and disciplinaries Elsewhere on the web Acas: your rights during redundancy Citizens Advice. Is this page useful? Maybe Yes this page is useful No this page is not useful. Thank you for your feedback. Report a problem with this page. You can get the Increased Exemption if you haven't received a tax-free lump sum in the last 10 years and you are not getting a lump sum pension payment now or in the future. If you are in an occupational pension scheme , the Increased Exemption is reduced by any tax-free lump sum from the pension scheme you may be entitled to receive.
This SCSB is a tax relief that normally benefits people with higher earnings and long service. It can be used if the following formula gives an amount greater than either basic exemption or Basic Exemption plus Increased Exemption. Formula for SCSB: Take the average annual earnings over the previous 3 years or the whole period of service, if less than 3 years , multiply this figure by the number of years' service; divide by 15 and subtract the lump sum pension payment received.
The amount of the lump sum which is exempt from tax is the higher of the following 2 calculations:. A certain amount of your redundancy payment is tax free, as described above, and the balance will be taxed. This is taxed as part of the current year's income. Previously there was a second method based on your average rate of tax for the previous 3 years.
The amount of your lump sum that is subject to tax is not subject to social insurance PRSI , but the Universal Social Charge may be payable. Your employer is obliged to deduct tax from all your income.
Revenue may inform the employer about the correct amount to be treated as tax free and the rate of tax to be applied to the rest. If this does not happen or if it is incorrect and you have paid too much tax, you should contact your regional Revenue office to claim a refund - see 'Where to apply' below. Are you likely to be made redundant? Do you want to know how your redundancy package will be taxed and whether you will need to pay any National Insurance contributions NIC on it?
What if you get items other than money or if the payment is delayed? You are made redundant if you lose your job because your employer needs fewer employees where you work, for example, if your job is no longer needed because of advances in technology or the volume of work falls at your place of work.
When you become redundant actually it is your job that becomes redundant your employer may make a payment to you, called a redundancy payment. This is to compensate you for being made redundant. You may qualify for statutory redundancy pay to be paid by your employer, if you have worked for your employer for two years or more. Employers pay statutory redundancy pay at levels which are fixed by the government and based upon government rules.
It is the legal minimum, so your employer cannot pay you less than this, if you qualify. You can find out more about statutory redundancy pay on GOV. Your employer can pay you more than the statutory amount if they choose to do so or if you have terms in your employment contract which offer more favourable redundancy treatment than the statutory scheme.
This could mean a bigger lump sum or getting a pay-out even if you have been there for less than two years. Your redundancy package can include payments that are made for other reasons than your redundancy. The nature of these payments what they are for affects how they are taxed. For example, you may get a redundancy package that includes holiday pay or pay in lieu of notice as well as a redundancy payment.
Such payments of holiday pay or pay in lieu of notice are taxable as usual. Genuine redundancy payments must also be distinguished from other payments which would be taxable as earnings. For example, a payment that is really a bonus, say for meeting production targets or doing extra work in the period leading up to redundancy, is not compensation for redundancy.
You may also be able to claim additional compensation from your employer if you were unfairly selected for redundancy, for example because of your sex, race, religion or a disability.
You should seek legal advice if you think this may apply to you. If you have been made redundant and your employer is now insolvent, you can claim your payment from the Redundancy Payments Service. The insolvency practitioner dealing with the affairs of your employer should provide you with factsheet RP1 and further information. There is more information on GOV. UK about how to apply for money you are owed.
Unpaid wages and profit target payments or overtime: these are taxable in full and NIC is payable, even if you receive the amounts after your employment has ended. Payments in lieu of notice: you might be expected to work your notice period before your redundancy takes effect, but often you will get a payment in lieu of notice and be able to leave straight away.
From 6 April such payments are always fully taxable and liable to NIC. This can be a complex area and the position depends on the particular facts, so you may need to take advice from a tax adviser. We tell you how you can find a tax adviser, including through the tax charities, in our Getting Help section. Holiday pay: this is treated in the same way as wages, so it is taxable in full and subject to NIC.
Restrictive covenant: any payment made to you on the basis that you restrict your activities in some way is taxable in full and NIC is payable.
Employer contributions to a pension scheme: normally these are totally free from tax and NIC. Occupational pensions: these are taxable in full, but no NIC is payable. You may be able to commute, that is exchange, part of a pension entitlement for a tax-free lump sum.
This normally only applies if you have reached a minimum age. The rules for accessing pension funds generally changed from 6 April and you can read more about the options available to you and the tax effect of these in our pensioners section.
This does not always happen. As with your normal wages, your employer should deal with the tax and NIC due on any taxable parts of your redundancy package under the Pay As You Earn PAYE system , but the exact treatment, and any action you need to take, will depend on the timing of the payment. When you are made redundant, your employer should issue you with form P You will be taxed using your normal tax code. The employer will take off tax at the appropriate rates before paying you the balance.
Your employer should not issue another P45 but should give you a letter showing the date of payment, the gross amount and the amount of income tax deducted under PAYE. The 0T code means you may overpay tax on the redundancy payment. You will be able to reclaim any overpaid tax and should contact HMRC to check your position. They may not be able to do this until the end of the tax year, when they will be able to reconcile your pay and tax position fully.
You can see how tax is taken off redundancy payments in the example of Tom. This may mean you receive less pay than you were expecting. You will be taxed on the redundancy payment in the tax year that you get it, even if you were made redundant in an earlier tax year.
There are two examples which explain this in more detail:. Any NIC that is payable on any part of a redundancy package paid later, will be charged at whatever the rates are when you receive the payment.
Your redundancy package can include items such as use of a car, fuel, accommodation or a loan at a reduced rate of interest. An exception to this rule is loans that are waived.
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